Motion to be Relieved as Counsel
MCG admitted. (Chou-Chan decl., ¶5.)
Plaintiff’s counsel electronically served notice of the Court Order on January 5, 2026, and MCG’s discovery responses and production of documents were due within twenty (20) days of service of the notice. (Id., at ¶6.)
Defendant’s Court-ordered deadline to comply was January 27, 2026, and on February 10, 2026, Defendant MCG responded to Plaintiff’s counsel’s email that it could not comply with the Court Order. (Id., ¶7.)
On May 23, 2023, Defendant’s counsel withdrew as MCG could no longer afford to pay for legal counsel. (Id., Ex. 1.)
Michelle Moreno and Jose Moreno have been the contact for MCG after its counsel withdrew representation. (Id., ¶8.) Michelle Moreno has informed Plaintiff’s counsel that MCG cannot afford an attorney and therefore cannot participate in this lawsuit. (Id., Ex. 1.)
Notice of this motion having been provided to MCG, Michelle Moreno, and Jose Moreno, and MCG’s inability or unwillingness to participate in this lawsuit including in complying with its obligations to provide discovery having been shown, the motion is GRANTED. Terminating sanctions are hereby imposed against Defendant Moreno Consulting Group, Inc. Defendant MCG’s answer will be stricken and default entered against Defendant MCG. Plaintiff’s counsel is directed to submit a written order to the court consistent with this ruling.
11. SCV-273938, Din v. Thuesen
This matter is on calendar for the motion of Kenneth E. Bacon, Mastagni Holstedt, A.P.C., to be relieved as counsel for Plaintiff Adnan Din (“Plaintiff”).
Plaintiff has filed a limited opposition requesting that this court condition any order granting withdrawal on reasonable transition protections to avoid significant and foreseeable prejudice. Plaintiff does not oppose the actual withdrawal of Mr. Bacon; rather, he merely seeks to avoid prejudice from it. In response to Plaintiff’s limited opposition, Mr. Bacon states that he has prepared a memorandum to Plaintiff addressing the issues Plaintiff presents in his limited opposition.
The jury trial in this matter is set for October 9, 2026. Defendants Victor Thuesen and the Law Offices of Victor C. Thuesen have filed a Notice of Motion for Summary Judgment or Adjudication. The hearing was set for November 18, 2026. Thus, it appears likely that Defendants will request that the Motion for Summary Judgment/Adjudication be advanced or the trial be continued. Advancing the motion would create difficulties for Plaintiff who would be left without counsel.
In addition, Mr. Bacon has asserted an attorney lien against Plaintiff. Plaintiff does not ask this court to adjudicate the lien in connection with this motion. Plaintiff requests that any order relieving counsel expressly preserve Plaintiff’s right to contest the validity, enforceability, amount, scope, and priority of any asserted attorney lien or quantum meruit claim. Mr. Bacon is not opposed to this request.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
Based upon the foregoing, the motion to be relieved as counsel is GRANTED. This court hereby vacates the trial set for October 9, 2026, and sets a Case Management Conference for trial setting on August 11, 2026, at 3:00 p.m., in Department 16. The court will sign the proposed order.
22